Schmidt v. Fontron Loan & Trust Co.

The opinion of the court was delivered by

Dawsokt, J.:

This was an action to recover a $1,000 payment on the $10,000 purchase price of 80 acres of Harvey county land which plaintiff had bought from defendant on a contract which provided that the vendor was to furnish an abstract of title “showing a good, clear and unencumbered record title, free from clouds of every kind whatsoever.”

The abstract furnished pursuant to this contract traced title by mesne conveyances from some unchallenged source down to one Nancy Mincer, a resident of Harvey county, who died intestate on December 22, 1918.…